LEGIS RATIO OMNIBUS LAW ON JOB CREATION IN LAW AND DEVELOPMENT IN INDONESIA
2022
Zuhdi A. | Safa’at M.A. | Qurbani I.D.
To overcome the problem of hyper-regulation and overlapping regulations, the Government carried out several deregulations by implementing the omnibus law to accelerate the simplification of rules. The focus of this legal study was on the legis ratio technique of the omnibus law Regulation on job creation from a legal and development perspective in Indonesia. This paper aims to analyze and contribute to the basis and reference for legal interpretation regarding applying the omnibus law technique through transplantation of national laws. This normative legal study employs both a statutory and a conceptual approach. The legal material analysis technique used is content analysis, which is any systematic procedure that encourages examining the content of the information obtained. This analysis focuses on all the secondary data obtained. After receiving the necessary data, this paper analyzes the data logically, systematically, and juridically. The research findings and discussion in this study are the subjects of the investigation. The following are obtained. First, the legislators have taken a progressive interpretation approach by changing the "omnibus" diction in the Preamble to letter e with the Job Creation Bill and not questioning the conflict between omnibus law techniques with the Act. 12 of 2011 concerning the Establishment of Legislation, so that the legal transplant process within the legal framework of development can be implemented through adjustments to national laws.
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